Hawaii Judge Watson's Motion To Stop Trump's Travel Ban

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I
STATE OF HAWAI‘I and ISMAIL
ELSHIKH,
Plaintiffs,
vs.
DON...

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revokes Executive Order No. 13,769 upon taking effect.1
Exec. Order §§ 13, 14.
Like its predecessor, the Executive Order...

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BACKGROUND
I. The President’s Executive Orders
A. Executive Order No. 13,769
Executive Order No. 13,769 became effective...

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the February 3, 2017 injunction entered in Washington v. Trump remain[ed] in full
force and effect, or until further ord...

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§ 1101 et seq.: Iran, Libya, Somalia, Sudan, Syria, and Yemen.6
8 U.S.C.
§ 1187(a)(12); Exec. Order § 2(c). The suspensi...

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Under Section 3(c)’s waiver provision, foreign nationals of the six countries
who are subject to the suspension of entry...

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such an employee) and the employee can document that he or she
has provided faithful and valuable service to the United ...

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the admission of the individual would allow the United States to conform its conduct
to a pre-existing international agr...

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immigration, extinguishes the need for emergent consideration, and eliminates the
potential constitutional concerns iden...

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economy, and sovereign interest in maintaining the separation between church and
state. SAC ¶¶ 4–5.
According to Plaint...

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50. The first Executive Order [No. 13,769] was issued without
a notice and comment period and without interagency revie...

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announced with a one week notice, the ‘bad’ would rush into our
country during that week.” In a forum on January 30, 20...

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espoused an improper motive for his actions, the President’s action must be
invalidated.” Pls.’ Mem. in Supp. of Mot. f...

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1185(a) (Count V); (6) substantially burdening the exercise of religion in violation
of the Religious Freedom Restorati...

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Defendants oppose the Motion for TRO. The Court held a hearing on the
matter on March 15, 2017, before the Executive Or...

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adverseness which sharpens the presentation of issues upon which the court so
largely depends for illumination.’” Catho...

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Ninth Circuit panel in Washington concluded on a similar record that the alleged
harms to the states’ proprietary inter...

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suspended from entry are deterred from studying or teaching at the University, now
and in the future, irrevocably damag...

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religions and national backgrounds on which the State’s educational institutions
depend. Suppl. Dickson Decl. ¶¶ 9–10, ...

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could obtain the relief they ask for: a declaration that the Executive Order violates
the Constitution and an injunctio...

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and a decline in tourism has a direct effect on the State’s revenue. See SAC ¶ 18.
Because there is preliminary evidenc...

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C. Dr. Elshikh Has Standing
Dr. Elshikh is an American citizen of Egyptian descent and has been a
resident of Hawai‘i f...

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given, the communication stated that most interviews occur within three months.
Elshikh Decl. ¶ 4. Dr. Elshikh fears th...

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required.” Catholic League, 624 F.3d at 1048–49. In Establishment Clause
cases—
[e]ndorsement sends a message to nonadh...

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hold the same religious beliefs. They do not fully understand why this is
happening, but they feel hurt, confused, and ...

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220 F.3d 1134, 1138 (9th Cir. 2000) (en banc). In fact, the ripeness inquiry is often
“characterized as standing on a t...

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Executive Order is implemented and enforced—the injuries are not contingent ones.
Cf. 281 Care Comm. v. Arneson, 638 F....

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on the merits, that he is likely to suffer irreparable harm in the absence of
preliminary relief, that the balance of e...

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in spite of its stated, religiously-neutral purpose, the Court finds that Plaintiffs, and
Dr. Elshikh in particular, ar...

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B. The Executive Order’s Primary Purpose
It is undisputed that the Executive Order does not facially discriminate for o...

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Clause analysis to a purely mathematical exercise. See Aziz, 2017 WL 580855, at
*9 (rejecting the argument that “the Co...

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reason.’”). Only a few weeks ago, the Ninth Circuit commanded otherwise: “It is
well established that evidence of purpo...

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to’” the adoption of a challenged policy are relevant considerations. Id. at 862; see
also Aziz, 2017 WL 580855, at *7....

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Mr. Trump was asked: “The Muslim ban. I think you’ve pulled
back from it, but you tell me.” Mr. Trump responded: “I don...

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impermissible inquiry. For instance, there is nothing “veiled” about this press
release: “Donald J. Trump is calling fo...

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by the Executive himself, betray the Executive Order’s stated secular purpose. Any
reasonable, objective observer would...

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sentenced to 30 years in prison for attempting to use a weapon of
mass destruction[.]” Id. Iraq is no longer included i...

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national security concerns at all, as opposed to the impermissible notion of, in the
context of entry, disfavoring one ...

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conditions.” McCreary, 545 U.S. at 874.17
The Court recognizes that “purpose
needs to be taken seriously under the Esta...

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established between those statements and the [Executive Order].”) (citing
McCreary, 545 U.S. at 862).
V. Analysis of TR...

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VI. Analysis of TRO Factors: The Balance of Equities and Public Interest
Weigh in Favor of Granting Emergency Relief
Th...

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interest.” (citing Lamprecht v. FCC, 958 F.2d 382, 390 (D.C. Cir. 1992); G & V
Lounge v. Mich. Liquor Control Comm’n, 2...

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The Court declines to stay this ruling or hold it in abeyance should an
emergency appeal of this order be filed.
Pursua...

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